Gun advocates eye court challenge

Gov. J.B. Pritzker signed a measure putting more regulations on gun dealers in Illinois, red tape that a group representing the industry said could put them out of business.

At an event at a Chicago school, surrounded by the city’s police superintendent, mayor, other elected officials and gun control advocacy groups, Pritzker on Thursday signed Senate Bill 337, which lawmakers passed more than six months ago.

“The reason for it is to deter straw purchases so that we can prevent someone from buying a gun for someone else who is not legally allowed to own a gun,” Pritzker said.

Chicago Mayor Rahm Emanuel said the law will help reduce gun violence. He called it common sense.

“If you’re going to regulate a barbershop and a bar, maybe you should also regulate a gun dealer,” Emanuel said.

Federal Firearms Licensees of Illinois Executive Director Todd Vandermyde said the measure is anti-gun and anti-business. He said it will increase costs for gun dealers, potentially driving them out of business.

“There’s a new [electronic] record-keeping requirement,” Vandermyde said. “They’re mandating alarm systems and [video] security systems that could run into the tens of thousands of dollars.”

Pritzker dismissed claims that the new law would be redundant and burdensome. Vandermyde said it is and also will cost the state.

“They’re going to want [local governments] to perform inspections or the state to perform inspections, so how are they going to fund that?” Vandermyde said. “We’re already regulated by the Bureau of Alcohol Tobacco and Firearms. ATF already comes out and inspects gun dealers and licenses us and we just don’t see what the state is going to add to that other than more regulation and cost.”

“We know that other states that have enacted similar laws to this one have seen a reduction in guns used in crimes,” said state Sen. Don Harmon, D-Oak Brook.

Vandermyde said Pritzker, Emanuel and others are out of touch.

“They’re all surrounded by people with guns to protect them for their safety but they want to take away the ability for the average person to have an effective means of self-defense,” Vandermyde said. “They want to make it harder for them to get guns. They want to put them at a disadvantage against the criminal element.”

Lawmakers passed the bill with simple majorities more than six months ago on May 30, the penultimate day of regular session. The state constitution says bills that pass both chambers must be sent to the governor within a month, but Senate President John Cullerton made sure the bill didn’t go to former Gov. Bruce Rauner, who said he planned to veto it.

Cullerton put a procedural hold called a “motion to reconsider” on the bill, which kept it from Rauner’s desk. That hold was lifted Jan. 8 and sent to Pritzker on Wednesday.

Using a procedural hold isn’t a new trick. Longtime statehouse observer and University of Illinois professor emeritus Kent Redfield said it’s technically possible for lawmakers to hold a bill that passed in one General Assembly and then pass it onto a new governor. He said it’s an ambiguous area that he’s not aware has been fully litigated.

“Particularly if it’s controversial legislation involving something like gun control measures … there certainly would be a court challenge,” Redfield said.

Vandermyde said his group is looking at a number of options, including a legal challenge. The law is set to take effect this summer.

“It just shows the political chicanery that went on with this, that they knew that former Gov. [Bruce] Rauner would veto this bill because of its anti-business, anti-Second Amendment repercussions,” he said.

The Illinois State Rifle Association has said it will go to court.

“Political gamesmanship like this is just a typical day in Illinois politics,” ISRA Executive Director Richard Pearson said in a statement. “The only thing that is being accomplished here is the creation of a bureaucratic nightmare for gun dealers. Rest assured, we will be challenging this new law in court.”

“Nothing in this bill is going to enhance public safety in Illinois,” Pearson said.

Pritzker said he’s open to other gun control measures, such as banning certain guns or high-capacity magazines. Vandermyde said economic growth, not more gun legislation, is what will reduce violence.